When any sheriff or other officer sells any real estate or present interest in land by virtue of and under any execution or otherwise, it shall be his duty, upon application, to place the purchaser or his agent or attorney in possession of the real estate. To this end, the officer may dispossess the defendant, his heirs, his tenants, or his lessees, vendees, or assignees since the judgment. However, he may not dispossess other persons claiming under an independent title.
History. Laws 1811, Cobb’s 1851 Digest, p. 510; Laws 1823, Cobb’s 1851 Digest, p. 512; Code 1863, §§ 2580, 3578; Code 1868, §§ 2582, 3601; Code 1873, §§ 2624, 3651; Code 1882, §§ 2624, 3651; Civil Code 1895, §§ 5451, 5468; Civil Code 1910, §§ 6056, 6073; Code 1933, §§ 39-1309, 39-1312.
Structure Georgia Code
Chapter 13 - Executions and Judicial Sales
§ 9-13-160. Time of Conducting Public Sale
§ 9-13-162. Continuance of Sale From Day to Day
§ 9-13-163. Sale of Perishable Property — When and by Whom Ordered; Where Held
§ 9-13-164. Sale of Perishable Property — Advertisement; Notice; Disposition of Proceeds
§ 9-13-165. Sale of Perishable Property — Under Tax Executions
§ 9-13-168. Obligations of Purchaser
§ 9-13-169. Note or Memorandum Unnecessary
§ 9-13-170. Liability for Purchase Money; Officer’s Collection Options
§ 9-13-171. When Defendant Bound by Sale Under Void Process
§ 9-13-172. When Execution Sale Set Aside
§ 9-13-172.1. “Eligible Sale” Defined; Recision of Sale; Damages
§ 9-13-173. Effect of Judicial Sale on Title
§ 9-13-174. When Sheriff’s Successor Empowered to Make Titles
§ 9-13-175. Duty of Officer to Place Purchaser in Possession; Which Persons Officer May Dispossess
§ 9-13-176. How Possession Obtained After Expiration of Court Term or Replacement of Officer
§ 9-13-177. Right to Enforce Covenants
§ 9-13-178. When Title Deeds Prior to Purchase Must Be Proved